Laid off but not paid off: Does employee have a case?

During the exit interview, I was told my 240 hours of accumulated paid time off, totaling nearly $12,000, would not be paid because I live in Florida.

I worked for this company for 10 years, mostly in Pennsylvania, but for the last 18 months in Florida. There was never a "use-it-or-lose-it" notification. If I had known, I would have taken time off each year instead of dedicating it to the company. Do I have any recourse?

D.M.

Leesburg

A Unless you have an employment contract that specifically addresses unused paid time off, you are unlikely to collect any of the $12,000.

There is no federal or Florida law that would require your employer to pay you the accumulated paid time off. There are federal and state laws prohibiting discriminatory practices, but what you've described does not sound like a discrimination case.

Otherwise, your only legal recourse would be to claim the company violated a contractual obligation. Policy statements in employment manuals generally do not give rise to enforceable contract rights. And though the court will scrutinize employer-generated e-mail, manuals and conduct, you will have an uphill battle convincing the court of the existence of a contract.

But if you still think you have a valid claim, you can file a breach-of-contract suit. If you prevail, you would be entitled to your unused paid time off along with reasonable attorneys' fees and costs under Florida's wage-recovery statute.